There are three legal immigration options for a person, living abroad, who is engaged to a U.S. citizen.   If the person, living abroad, is married to a U.S. citizen, there are two legal options.  The two legal options are the spousal visa consular process or the K-3 process.  The fiancé, contemplating marriage, has the option of using the fiancé visa process or getting married and choosing one of the other two options that I just listed as being available to a married person.  All three of these options have been discussed in posts during the last couple of months.  For both the fiancé and the spouse, there is the option of entering as a tourist (and getting married if you are a fiancé) and applying for adjustment of status.  However, I do not recommend this route because it is illegal.  I discussed this option three weeks ago.

All three options have benefits and drawbacks.   The main drawback for the fiancé and K-3 routes is that they cost about $1,000 more in filing fees and costs.   The attorney fees are usually more too, because they are more complicated.  The main drawback for the spousal visa consular process is that it is slower — usually at least two or three months slower.

The main benefit for the fiancé route is that it usually is quicker in getting the fiancé to the U.S..   It is usually at least two to three months quicker.   More importantly, when a client is talking to me, and they are engaged, they can file right away.   If they decide to wait until they are married, and file the spousal visa consular process, not only is that route slower, they can’t start it until they are married, which could add another two or three months to the time differential.

There are two main drawbacks with the fiancé petition route.  As mentioned above, the entire process is at least $1,000 more expensive in costs and filing fees (without counting additional attorney fees).   The other drawback is that while the fiancé gets to the U.S. more quickly, she doesn’t get her green card at that point.  Once she gets married, she can file for Adjustment of Status to get her green card, but that process could take another year or more.   She can stay here in the U.S. legally while that process runs its course.   She will most likely be able to work during most of that time (she will need to file for employment authorization), and she will be able to get travel permission eventually, but it is still an expensive and long wait for the green card.

The K-3 process is very similar to the fiancé process.  It is more expensive but quicker than the spousal visa consular process, and, once in the U.S. the alien spouse will need to file for Adjustment of Status.  The other difference in the K-3 process is that the Department of State, fo some reason, does not like this process.  As stated in a recent post, the Department of Stats will often refuse to do the K-3 process and instead require the applicant to go through the regular spousal visa consular process.

The spousal visa consular process has the benefit of being simpler and cheaper and, once the foreign spouse has arrived in the US, she immediately receives her Lawful Permanent Resident status and can almost immediately start to work and travel.  The drawback is that it is slower.   I have been telling people to expect a ten to sixteen month process, and it may currently be taking longer.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong